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Madras High CourtWP(MD)/11341/2018ordered

Periyasamy v. The Superintendent Of Police

2018-05-23Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2018

CORAM

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.P.(MD)No.11341 of 2018 Periyasamy .. Petitioner Vs.

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Devathanapatti Police Station, Theni District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to grant permission and protection for cultural event namely Aadal Padal scheduled to be held on 30.05.2018 at night in connection with the "Temple Festival" in Arulmigu Sri Mandu Kaliyamman Kovil at Silvarpatti Village, Periyakulam Taluk, Theni District, by considering the petitioner's representation dated 10.05.2018.

For Petitioner : Mr.A.Vadivel For Respondents : Mr.S.Angappan Government Advocate ***

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission and protection for cultural event namely Aadal Padal scheduled to be held on 30.05.2018 at night in connection with the "Temple Festival" in Arulmigu Sri Mandu Kaliyamman Kovil at Silvarpatti Village, Periyakulam Taluk, Theni District, by considering the petitioner's representation dated 10.05.2018. 2.Mr.S.Angappan, learned Government Advocate takes notice for the respondents.

3.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing on behalf of the respondents.

4.In an identical matter, a Division Bench of this Court in an order passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017 [M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner to conduct cultural programme on certain conditions. The said conditions read as follows: https://hcservices.ecourts.gov.in/hcservices/

"a)The event shall be conducted in an organised and peaceful manner without causing law and order problem. b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others.

c)The performance shall be restricted between 6.00 p.m. and 11.00 p.m.

d)If there is any violation of the above said conditions, the respondent or the duly authorised officer is entitled to take necessary action as per law and stop such performance.

e)In case if there is any discrepancy with regard to the date on which the program is to be conducted, it would be open to the respondent police to extend protection on some other day after giving due notice to the petitioner" 5.I am of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands allowed. The second respondent is directed to grant permission to the writ petitioner to conduct the cultural programme on 30.05.2018 at Arulmigu Sri Mandu Kaliyamman Kovil situated at Silvarpatti Village, Periyakulam Taluk, Theni District, subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Devathanapatti Police Station, Theni District.

+1cc to Mr.A.Vadivel, Advocate Sr.No.65996 +1cc to The Spl. Government Pleader Sr.No.66164 LS/MSA VB/SKN/RSK/SAR2/28/05/2018/2P/5C W.P.(MD)No.11341 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 23.05.2018